9911796707
TMI Blog2022 (10) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... seven (7) attempts, if the applicant chose to appear in the exam every single year. Further, it is evident from the record that the Petitioner himself has appeared for four (4) written examinations starting from 2019 to 2022 as per CBLR, 2018 and was not aggrieved by the said Regulations at the relevant time - the notification inviting applications for examinations was issued on 24th August, 2022, and the applications for appearing in the written examination are to be filed from 18th October, 2022. The present petition has been filed on the eve of 18th October, 2022, and it is a speculative attempt to appear in the said examination for the seventh (7th) time. Petition dismissed. - W.P.(C) 14928/2022 and CM APPL. Nos. 45950-51/2022 - - - Dated:- 20-10-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Petitioner Through : Mr. S. Vijay Kanth, Advocate. Respondent Through: None. J U D G M E N T MANMEET PRITAM SINGH ARORA, J (ORAL): CM APPL. 45951/2022 (for exemption) Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 14928/2022 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the said examination from seven (7) in CBLR, 2013 to six (6) in the existing CBLR, 2018. The relevant provision of Regulation, 2013 and 2018 are as under: CBLR, 2013 CBLR, 2018 6. Examination of the applicant.- (1) An applicant, who satisfies the requirements of regulation 5, shall be required to appear for a written as well as oral examination conducted by DGICCE: xxx xxx xxx (6) An applicant shall be allowed a maximum period of seven years from the date of original application within which he shall pass both written and oral examinations and no further extension shall be granted. 6. Examination of the applicant.- (1) An applicant, who satisfies the requirements of regulation 5, shall be required to appear for a written (preferably online) as well as oral examination conducted by the Directorate General of Performance Management: xxx xxx xxx (6) An applicant shall be allowed a maximum of six attempts to clear the examination. (Emphasis Supplied) 5. He states that as per Clause 6 of Regulation 6 of CBLR, 2013, an applicant was allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;attempts'. In other words, if an applicant makes his first (1st) attempt on 20th January, 2017, there is no stipulation that he must complete his six (06) attempts on or before 18th November, 2023, which was a condition of CBLR, 2013. In fact, existing Regulation 6 CBLR, 2018, gives more flexibility to an applicant in clearing the exam as the six (6) attempts are not required to be attempted in six (6) years but may be attempted in a longer period. 12. However, notwithstanding the aforesaid, the issue raised in the present petition stands squarely covered by a decision of the predecessor bench of this Court in Manish Rishishwar v. Union of India Anr., 2020 SCC Online Del 381, wherein the Petitioner, inter alia, sought quashing of the Clause 4, 5 6 of Regulation 6 of CBLR, 2018 on identical pleas. The relevant extracts of the aforesaid judgment are as under: - 2. The petitioner has preferred the present writ petition to assail clause 5(1)(h)(ii) of the Customs Brokers Licensing Regulations, 2018 framed vide notification No. 41/2018-Customs (N.T.) dated 14.05.2018, amended by notification No. 08/2019- Customs (N.T.) dated 06.02.2019. The petitioner also seeks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 14, 19(1)(g) and 21 of the Constitution of India is completely untenable. Petitioner cannot question the curb put by the respondents in respect of the number of attempts for clearing the interview. In our considered opinion, the arguments of the petitioner are inherently flawed. The petitioner has concededly not cleared the examination whilst the 2013 regulations were in force. He did make five attempts, but was unsuccessful. Therefore, in that sense of the matter, no right whatsoever, much less vested right can be said to have accrued in favour of the petitioner under the said regulations. Thereafter, the 2018 regulations were framed, superseding the earlier regulations and petitioner made yet another attempt to clear the examinations for the 6 time. Though the petitioner qualified the same, however, he could not clear the oral interview. Now, since the 2018 regulations do not afford multiple opportunities to the candidates to clear the oral interview, the petitioner who has failed in this endeavour, has filed the present petition questioning the limiting of chances of clearing the oral interview under the 2018 regulations. In our view, since the petitioner did not clear the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he present case. As discussed above, the proposition of law relating to protection of vested rights or accrued rights , is well recognized, however accrual or vesting of such rights is a sine qua non for the Courts to protect the same. The factual position in each of the cases cited by Mr. Qadri is distinguishable. The same have been passed in the context of a right flowing under the relevant rules which were to be sought to be altered with effect from an anterior date, thereby taking away the benefits available under the rule in force at that time. The courts have looked down upon the retrospective operation of the amendments that take away a benefit which is already available to a person. However in the present case, no right whatsoever has accrued in favour of the petitioner that permits him to avail seven attempts to crack the examination in question, and two chances to appear in the interview, even though the Rules have changed. Examinations held under the regulations of 2018 cannot be treated as those undertaken under the 2013 Regulation. They are strictly governed by their own regulations. The 2018 Regulations are prospective in their nature and have been applied prospec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
